The Boiling Point Of Wrongful Foreclosure Litigation

Law360, New York (October 18, 2013, 11:34 AM EDT) -- California’s wrongful foreclosure litigation had been simmering for a while. Borrowers threatened with foreclosure were running to court with the goal of stopping — or at least stalling — the taking of their homes. Few of their arguments stuck. On July 31, 2013, however, the Court of Appeal for the Fifth District turned up the heat.

In Glaski v. Bank of America NA, the Fifth District held that borrowers had standing to challenge an assignment that is void rather than voidable.[1] The court found that Glaski...